The Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
 

    The Fourth Amendment protects against unreasonable searches and seizures.  It provides that police searches must ordinarily be conducted according to the provisions of a search warrant, and that warrant must state with particularity the area to be searched and the items sought.  Certain exceptions exist to this, such as searches incident to lawful arrests, items in plain view, items on public school property, and "exigent circumstances".

    Whether a search is conducted pursuant to a warrant or one of the exceptions to the warrant requirement, the decision to search must be supported by probable cause.  Probable cause exists when the circumstances would cause a reasonable person to believe that a crime has taken place, is taking place, or is about to take place. Any evidence resulting from an illegal search is inadmissible in court under the exclusionary rule. However, if a private citizen consents to a search, any evidence yielded by the search is admissible.



Know Your Rights

  • Amendment I
  • Freedom of speech, assembly, and  religion
  • Amendment II
  • Right to bear arms
  • Amendment IIII
  • Quartering of soldiers
  • Amendment IV
  • Freedom from unreasonable searches and seizures
  • Amendment V
  • Right against self-incrimination, double jeopardy, uncompensated takings; due process of law
  • Amendment VI
  • Right to speedy and public jury trial; right to confront witnesses; right to counsel
  • Amendment VII
  • Right to jury in civil trials
  • Amendment VIII
  • Prohibition of cruel and unusual punishment and excessive bail
  • Amendment IX
  • Reterntion of unenumerated rights by the people
  • Amendment X
  • Rights reserved by the states
  • Amendment XIV
  • Right to citizenship, due process of law, equal protection of the laws